(ThyBlackMan.com) Driving under the influence (DUI) and being convicted of drunk driving can be a life-changing experience. It can lead to imprisonment, fines, mandatory alcohol assessment or community service, and even probation. Multiple convictions can lead to the revocation of your driving license for varying lengths of time, sometimes up to two years.
The good news is that you can beat a DUI charge and avoid these penalties by identifying legal loopholes and doubts about any key evidence needed to convict under VC 23152. Here are four legal defenses you can use to fight a DUI charge.
1. Inaccurate field sobriety test
When you are charged with DUI, the prosecution’s evidence includes the results of Field Sobriety Tests (FSTs). However, even the most reliable FSTs do not accurately indicate alcohol or drug impairment. The only FSTs that have actual data to verify their accuracy are One Leg Stand, Horizontal Gaze Nystagmus, and Walk and Turn.
However, this is only when they are precisely administered and scored, which rarely happens. Anybody who has taken a field sobriety test can testify that it’s difficult to be sober, let alone on the side of the road in the dead of night.
The best criminal lawyer in Edmonton can challenge the reliability of the FSTs. They can also explain how balance and coordination during the tests can be affected by fatigue, nerves, flat feet, clothing, and other issues.
2. Mouth alcohol
DUI breath testers are designed to capture a sample breath of alveolar from deep in your lungs. However, residual alcohol may linger in the mouth if you burp, regurgitate, or suffer from acid flux, GERD, or heartburn. Residual alcohol may also be caused by medications such as Anbesol, NyQuil, or Vicks Formula 44.
In such a case, the breath test equipment will capture mouth alcohol instead of alveolar air, which may trigger a false BAC reading on the DUI breath test. Falsely high BAC results can be a ground for a successful legal defense for your DUI charge.
3. No probable cause for the stop
The police must have reasonable cause to stop, arrest, or detain you for DUI. If there is no reasonable cause, your DUI lawyer can file a claim to suppress and exclude any evidence obtained by the legal search. This suppression claim may exclude the DUI BAC tests from justifiable evidence, except for sobriety checkpoints. Subduing key evidence can significantly boost the chances of your DUI getting dismissed.
4. Ketosis from diabetes or Atkins-style diets
Medical conditions such as diabetes, hypoglycemia, high protein, or low carbohydrate diets can trigger a false BAC. These diets and health conditions are capable of self-producing isopropyl alcohol since bodies that are deprived of carbohydrates tend to store fat for energy.
During the process of burning fat, the liver produces toxic byproducts known as ketones, which are converted into isopropyl alcohol when excreted from the body through breath or urine. This may cause the breath testing instrument to read falsely high BAC levels, which can form the basis for a successful defense of Vehicle Code 23152 or DUI charges.
Endnote
Being charged with DUI can be confusing, complicated, and downright scary. Fortunately, these tips can help beat your DUI charge. However, the best way to fight a DUI is to avoid putting yourself in the position of ever being charged in the first place.
Staff Writer; Carl Poole
